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AN ACT
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relating to the extension of the deadline for holding the |
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confirmation and initial directors' election of the Tradition |
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Municipal Utility District No. 2 of Denton County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8189.003, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8189.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8189.024 before September 1, 2015 |
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[2011]: |
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(1) the district is dissolved September 1, 2015 |
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[2011], except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Denton County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2018 [2014]. |
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SECTION 2. Section 8189.021, Special District Local Laws |
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Code, is amended by amending Subsection (d) and adding Subsections |
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(e) and (f) to read as follows: |
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(d) Temporary directors serve until the earlier of: |
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(1) the date initial directors are elected under |
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Section 8189.024; or |
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(2) the fourth anniversary of the date on which the |
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temporary directors were appointed [date this subchapter expires
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under Section 8189.026]. |
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(e) If initial directors have not been elected under Section |
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8189.024 and the terms of the temporary directors have expired, |
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successor temporary directors shall be appointed or reappointed as |
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provided by Subsection (f) to serve terms that expire on the |
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earliest of: |
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(1) the date initial directors are elected under |
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Section 8189.024; |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment; or |
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(3) the date this chapter expires under Section |
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8189.003. |
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(f) If Subsection (e) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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SECTION 3. Section 8189.026, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8189.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2018 [2014]. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3840 was passed by the House on May |
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13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3840 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |